R Baker (Electrical) Limited

PROCUREMENT TERMS AND CONDITIONS

Evans Road, Speke, Liverpool, L24 9PB. Tel: 0151 486 6760 Fax: 0151 448 1225 Email: mail@rbaker.co.uk

Directors: R. Baker & B. Baker Registration Number: 1650221 VAT No. 320 277 195

Issue / Revision 1 2

Date 19/02/1990 19/12/2011

Description First Issue Converted to PDF

Reviser E. Baker G. Baker

Checked R. Baker R. Baker 1

R Baker (Electrical) Ltd. Procurement T&C 3 pages

INSTRUCTIONS 1. All correspondence in connection with this order must be addressed to R Baker (Electrical) Limited, Evans Road, Speke, Liverpool L24 9PB. 2. Advice notes and invoices must bear the serial number of this order and should be sent to the Buyer on same day as the goods are despatched. GENERAL CONDITIONS OF PURCHASE 1. OWNERSHIP OF GOODS Unless otherwise stated the property in the goods remains with the seller until they are delivered at the buyer's works. The buyer reserves the right to reject the goods if they do not correspond in quality, fitness or description with the order. 2. PAYMENT Unless otherwise stated, payment will be made by the buyer, in the month following delivery. 3. PACKAGES Unless it is otherwise specifically stated in the order all packages are free and non-returnable. 4. DELIVERIES (a) If at any time deliveries under this order are suspended due to the happening of any event beyond the control of seller or buyer, including lock outs by seller or buyer of their own workmen then: Deliveries failing due with the period of suspension (other than goods in transit at the commencement of such period) shall be regarded as cancelled. (a). If the order period has not expired at the termination of the period of suspension, deliveries shall be resumed at the order rate for the remainder of the order period, and neither the seller or buyer shall have any claim against the other for failure to make or take delivery respectively, whether such failure be total or partial, permanent or temporary. (b) Each delivery shall be construed as a separate order and the failure of any delivery shall not vitiate the order as a whole. 5. BANKRUPTCY The buyer may, by notice in writing, cancel the order, if the seller becomes bankrupt. Or makes any arrangement with his creditors or being a Company goes into liquidation, either voluntary or compulsory. 6. PATENTS The seller warrants that the subject of the order does not infringe any patent and undertakes to indemnify the buyer against all damages, losses or costs suffered by the buyer in respect of any claim made under any patent. Should the buyer receive notice of any claim that the subject of the order infringes any patent; the buyer shall the right to cancel the order. The converse shall apply where the buyer requires the subject of the order to be made to its own specification.

2
R Baker (Electrical) Ltd. Procurement T&C 3 pages

7. DISPUTES The order shall be governed by English Law, and all disputes which may arise relating to, or arising out of the order shall be submitted to arbitration in London, and the provisions of the Arbitration Act, 1950, or any statutory reenactment of modification thereof for the time being in force shall apply. 8. INDEMNITY CLAUSE (Applicable where the seller's (contractor's) work people do constructional or maintenance work at buyer's premises). The seller shall be responsible for and bound to make good and relieve the buyer from any liability, loss or claim whatsoever (unless occasioned solely by the negligence of the buyer his servants or agents) in respect of injuries loss of or injury or damage to any property real or personal (whether belonging to the buyer or to any other party) arising out of or in the course of or caused by the execution of the works contracted for, and shall indemnify the buyer against the same and against all actions, costs and expenses whatsoever by reason or on account thereof. 9. INSPECTION OF CONTRACTOR'S PLANT With a view to the safety of its own employees, the Company reserves the right to inspect all or any items of machinery or equipment brought on the Company's site by the contractors and to prohibit the use on the site of any such items which in the Company's opinion is or may be dangerous, but the exercise of such right (or the omission to exercise it in any particular case) shall not detract from the Contractor's responsibilities in respect of his machinery equipment and systems of working nor give the contractor any rights as against the Company in respect thereof. INSTRUCTIONS AND CONDITIONS SET OUT IN THIS ORDER MUST BE OBSERVED; OTHERWISE THE ORDER MAY BE CANCELLED.

3
R Baker (Electrical) Ltd. Procurement T&C 3 pages